§ 101-3-8. Calculation of pro rata road reimbursement payments.

(a)

The amount of required pro rata road reimbursement payments shall be based upon a pro rata reimbursement rate (dollar amount) established upon adoption of a Pro Rata Road Reimbursement District by the Board of Supervisors. Such rate shall represent the proportionate share of reimbursable costs as determined by the Board, attributable to each vehicle trip per day utilizing the road segments for which reimbursement is sought and approved.

(b)

The following formula shall be used to determine the pro rata reimbursement rate per vehicle trip per day:

[Cost of public road improvements within proposed District constructed at petitioner's expense (exclusive of improvements required pursuant to Article 2 of this Chapter or Article 17 of the Zoning Ordinance)] divided by [Total estimated number of vehicle trips per day (vpd) on the road segments for which reimbursement is sought) = $ amount per vpd.

(c)

Trip generation estimates for specific uses shall be based upon the Institute of Transportation Engineers (ITE) Trip Generation Manual.

(d)

The total estimated number of vehicle trips per day on the road segments for which reimbursement is sought shall be determined by adding the following numbers:

(1)

Current estimated number of vehicle trips per day on such road segments as shown on traffic counts conducted by VDOT or other entity acceptable to the Department of Transportation within two (2) years prior to the filing of a petition to establish a Pro Rata Road Reimbursement District. If such traffic counts are not available, petitioner shall conduct a traffic count utilizing standard methodology acceptable to the Department of Transportation.

(2)

Number of future vehicle trips per day estimated to be generated from the eventual development or redevelopment, use and occupancy of all land within the proposed District which, as of the date of the traffic counts utilized in preceding paragraph (d)(1), either is vacant; is underdeveloped with respect to its current zoning; is zoned to a district which allows a lesser density or intensity than the applicable Comprehensive Plan recommendation; or is under construction with a residential or nonresidential use permit yet to be issued.

(e)

For purposes of calculating the vehicle trip generation figures required under this Article only, the following assumptions shall apply:

(1)

Land subject to an approved proffered rezoning shall be developed to the maximum densities, intensities and uses approved.

(2)

Land zoned to a district, not subject to proffers, which permits densities or intensities equal to or greater than as recommended in the Comprehensive Plan shall develop to the maximum extent permitted under the current zoning district.

(3)

Land zoned to a district which permits densities or intensities less than the applicable Comprehensive Plan recommendation shall develop to the maximum extent recommended in the Plan.

(f)

All land within the boundaries of a proposed Pro Rata Road Reimbursement District shall be included in the vehicle trip generation estimates, even though such land may be exempt under Section 101-3-3.

(g)

Accessory structures in residential developments such as swimming pool bath houses and community centers shall not be included in the estimated number of vehicle trips per day calculated pursuant to paragraphs (d)(2) and (d)(3) above and shall not be subject to a pro rata road reimbursement payment.

(h)

Cost of Construction of Public Road Improvements.

(1)

The cost of construction of public road improvements for which pro rata reimbursement may be required shall mean the cost of construction of such improvements as such costs were represented by the petitioner to the Bonds and Agreements Branch, Division of Design Review at the time petitioner sought approval of the public improvement bonds and agreements required prior to the construction of such public road improvements. The sum total of such costs as reflected on the submitted Surety Value Estimates shall be increased by a factor of fifteen percent (15%) in order to cover related costs, including, but not limited to, a proportionate cost of engineering expanses. Costs of construction shall also include petitioner's cost of acquiring real property interests from others, which real property interests are necessary in order to construct the public road improvements and the dedication of which does not result in the grant of advanced density credit to the petitioner. The foregoing costs shall be adjusted annually from the date of approval of the public improvement bonds and agreements to incorporate the lesser of the following amounts:

(A)

Changes in the Virginia Highway Construction Bid Index since the approval of such bonds and agreements; or

(B)

The legal rate of interest set forth in Code of Virginia, Section 6.1-330.53, as amended.

(i)

After the adoption of a Pro Rata Road Reimbursement District, including the establishment of a pro rata reimbursement rate ($ amount per vpd, as calculated above) for the District, the amount of pro rata road reimbursement payments required of subdividers and developers subject to such payments shall be determined at the time of final subdivision plat approval for a residential subdivision or final site plan approval, as the case may be. The amount of required pro rata road reimbursement payments shall be shown on such final subdivision plat or final site plan and shall be calculated as follows:

(1)

The Board-adopted pro rata reimbursement rate shall be adjusted annually from the effective date of the District to incorporate the lesser of the following amounts:

(A)

Changes in the Virginia Highway Construction Bid Index since the effective date of the District; or

(B)

The legal rate of interest set forth in Code of Virginia, Section 6.1-330.53, as amended.

(2)

The required pro rata road reimbursement payments for all uses within the District shall be the sum of the adopted pro rata reimbursement rate, as adjusted above, multiplied by the number of vehicle trips per day estimated to be generated for each use based upon the ITE Trip Generation Manual, provided, however, that trip generation estimates which are lower than those set forth in the ITE Trip Generation Manual may be used if the Director of the Department of Transportation concludes that such lower trip generation rates more accurately reflect the traffic expected to be generated by a particular use. Any such request shall be submitted by the owner of the property which is the subject of a proposed subdivision or site plan at the time the subdivision plat/site plan is filed with Land Development Services, with the original of the request being submitted to the Director of the Department of Transportation, and a copy being submitted to Land Development Services with the subdivision plat/site plan. Any such request shall also include evidence that such owner has provided the initial subdivider or developer with a copy of the request, and has informed the initial subdivider or developer that responses to the request must be filed with the Director of the Department of Transportation and Land Development Services within 30 days of the filing of the request. (13-93-101, § I; 37-00-101; 23-17-101.)